Polish Constitutional Tribunal judges appeal for admission of four Sejm-elected members

Seven judges of the Polish Constitutional Tribunal have issued an appeal to state authorities requesting that four judges elected by the Sejm on March 13, 2026, be permitted to adjudicate. The judges stated that implementing a May 5 interim measure from the European Court of Human Rights (ECHR) is a necessary first step toward resolving the ongoing crisis surrounding the Tribunal's legality and legal certainty.

The dispute centers on the status of judges elected by Parliament. While some have taken oaths before the President, others swore their oaths in the Sejm. The current President of the Constitutional Tribunal, Bogdan Święczkowski, has refused to allow the four Sejm-elected judges to participate in proceedings. One judge, Sławomir Patyra, who recently took his oath before President Karol Nawrocki, announced he would not participate in any Tribunal procedures until the other four are admitted to work.

In a separate development, the Sejm is scheduled to vote on the candidacy of Maciej Berek for a judgeship at the Constitutional Tribunal during its session in early September. Berek, a former minister described by Prime Minister Donald Tusk as his ‘right hand’, is being considered as part of the government's efforts to ensure its appointed judges can function within the institution.